A House with Two Rooms - The Advocates for Human Rights

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Some asylum seekers have been unable to reunite with their families due to the limits on family relationships recognized under U.S. immigration law. One statement giver’s story is common: “After I obtained asylum in the United States I was able to bring two daughters here. My four other children were denied visas on grounds that they were not my biological children, so they remain in Guinea.” 316 Many asylum claims by Liberians were denied. 317 For some Liberians, this denial has meant remaining legally in the United States under TPS, 318 now Deferred Enforced Departure (DED). 319 For others, it has resulted in arrest, detention, or deportation by Immigration and Customs Enforcement. 320 I filed for political asylum in New Jersey. The case was decided by a court in Minnesota, where I had moved. Before moving back to New Jersey, I filed an appeal with the Board of Immigration Appeals (BIA) and notified the BIA in writing of my change of address. In March 2006, I was arrested for overstaying my visa and was taken to a prison in York County, Pennsylvania. It was only then that I found out that the BIA had entered an order for deportation after not receiving my appeal. I was detained in York County prison until September 2006, when I was taken to Virginia to see the Liberian consulate. I was then moved to a prison in Louisiana. In October 2006, I filed a habeas corpus petition alleging that I had been unfairly detained. In total, I was imprisoned for nine months. I was released in December 2006 under an order of supervision and have continued to report to my immigration officer. My immigration status has yet to be determined. 321 temporary protected StatuS So many Liberians have been unable to straighten out the mess with immigration that [Temporary Protected Status] has created. Now there are Liberians in the United States with 18 or 19 years of TPS. 322 Beginning on March 27, 1991, the United States extended TPS 323 to Liberians then present in the United States because of the conflict raging in Liberia. 324 TPS provides a blanket temporary safe haven to eligible nationals of designated countries in 12- or 18-month increments. 325 People on TPS are not subject to removal and are authorized to work during the designated period. Approximately 15,000 Liberians in the United States registered for TPS at the height of the program. By design, TPS does not lead to permanent resident status. 326 When TPS ends, beneficiaries revert to the same immigration status they held before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Those with a final order of removal (deportation) may be deported without further hearing. 340
Although Liberians were not required to choose between TPS and other, more permanent immigration options such as asylum or family-based immigration, in practice Liberian asylum cases often were “administratively closed” by immigration judges or de-prioritized by overburdened Asylum Offices because TPS was available to them. People in this position were permitted to work and to remain in the United States, but they were unable to reunite with family members who remained outside the United States or to secure the more permanent asylum status which leads to lawful permanent residency and, eventually, citizenship. Each year, Liberians on TPS were required to re-register for TPS, paying filing fees to renew their status and work permission. In September 2006, the Department of Homeland Security announced the termination of Liberian TPS, effective October 1, 2007. On September 12, 2007, President Bush announced that Liberians who were registered under TPS would be permitted to remain and to work in the United States under DED, a similar status to TPS, until March 31, 2009. On March 20, 2009, President Obama extended DED for Liberians for an additional 12 months from March 31, 2009. The termination of Liberian TPS caused great anxiety throughout the Liberian community in the United States. Social workers and police officers reported increases in truancy among Liberian students because parents kept children home out of fear they would be deported while at school. 327 One social worker reported that clients were hoarding food out of fear that their work authorization would end. 328 After many Liberian families had experienced traumatic family separations during the conflict, Liberians on TPS feared the same fate. One community leader stated: [W]e have a situation where some people have been on TPS now for eighteen years. We have families that came from Liberia with two children, they had two children here, and they’re on TPS. The American-born children can stay, but the Liberian-born children have to leave. 329 The termination of TPS coincided with dramatic increases in immigration enforcement generally and with a contentious Congressional immigration debate, further exacerbating community fears. A faith leader in the Liberian community noted that it has been “disappointing, considering the historic ties between Liberia and the United States for Liberians to be begging to stay in the United States.” 330 The Liberian Refugee Immigration Fairness Act of 2007, S. 656, was introduced in the Senate on February 16, 2007. The House companion, the Liberian Refugee Immigration Protection Act of 2007, H.R. 1941, was introduced on April 19, 2007. This legislation, if passed, would have allowed eligible Liberians living in the United States, to apply for lawful permanent resident status. 331 341 Chapter Thirteen
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A House with Two Rooms Final Report
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This report is dedicated to the peo
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The Advocates for Human Rights The
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Table of contents Acknowledgments x
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The Return 374 Chapter Fourteen. Re
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Lindquist & Vennum LLP Maslon Edelm
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Finally, The Advocates thanks our i
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Table of Acronyms ACANA African Cul
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3 Chapter One. Executive Summary Al
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also spoken. Liberia was partly sha
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The concentration of state power am
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factions as they emerged to contest
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thirteen years old. They dragged he
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or guiding children and others who
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are extremely high, but the realiti
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Addressing the legacy of conflict t
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Notes 1 TRC Diaspora Statement Rec.
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Priority Recommendations at a Glanc
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(UNHCR) should ensure that any repa
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individuals personally responsible
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eflect its history and people. Such
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31 Chapter Two
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hiStory and goalS Chapter Three. Di
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Commissioner Massa Washington, who
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39 Chapter Three Many national trut
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41 Chapter Three The TRC Diaspora P
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The majority of TRC statements from
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45 Chapter Three The report authors
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taking and is available for viewing
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geography and peopleS 1 Liberia is
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key featureS of liBerian culture Li
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Liberian settler politics from 1883
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President Tolbert. 76 Tolbert was a
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peace, security, unity and reconcil
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practices as superior to practices
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would have to make concessions to i
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statement giver reported how his ne
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targeted. For example, people with
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chickens, food, animals, and things
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televangelist Pat Robertson’s Fre
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33 The palava hut is a traditional
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Special Court for Sierra Leone, htt
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Press Secretary to Samuel K. Doe, i
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see also Herman J. Cohen, Assistant
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81 Chapter Five Human Rights Abuses
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military to shoot the mostly indige
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Human rights violations reported du
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around, all derisively gazing at th
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soldiers reportedly engaged in loot
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eleased. 63 Checkpoints and Curfews
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In 1984, this statement giver himse
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dorms and raped for several days be
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Ethnic Targeting Doe’s revenge ag
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and stripping billboards of Doe. 14
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government were another step on Lib
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34 The statement giver’s father d
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108 Adewale Maja-Pearce, The Press
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108
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110
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all groups committed human rights v
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faction for companionship and prote
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Statement givers noted the rewards
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We were on the road and some rebels
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Combatants used other methods to co
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BBC was careful not to broadcast di
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42 See TRC Diaspora Statement Recs.
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126
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128
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methods condoned, encouraged, or ev
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“Starvation of civilians as a met
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where there was “a wall running w
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were Kru, Sarpo, Lorma, or Bassa du
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plastic and my sister’s fingers w
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If you are a man and wear a red T-s
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Those responsible for the detention
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We didn’t want to leave Monrovia.
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The terroristic impact of the killi
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his bare hand and because of that,
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okered peace accords, 195 disarmame
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the woman was from. She replied tha
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Doe’s body for political reasons.
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Another statement giver stated that
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iSe of other factionS The years bet
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Statements and secondary sources re
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One day some men from the LPC came
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epresentatives selected by the vari
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families, 409 killing, 410 and seek
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Statements revealed that ECO-MOG pl
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Notes 1 stePHen ellis, tHe mAsk of
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96 TRC Diaspora Statement Rec. 1354
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Every Car Or Moving Object Gone: Th
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Report.aspx?ReportId=57838 (last vi
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180
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182
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Liberian treasury and had plenty of
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group supported by Guinea and forme
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homes and in public. A statement gi
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of being beaten while in detention.
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an informant, but was never brought
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Acts, such as murder, extermination
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publisher. After that, the reporter
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97 Children and Armed Conflict, sup
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200
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202
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Estimates of the number of child so
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ex-combatants interviewed by Human
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of the conflict, but in 1996, lost
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Use of Child Soldiers National Patr
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that they were never paid and relie
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He thought the commanders provided
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Some former child soldiers acknowle
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Another statement giver credited a
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21 Promises of Peace, supra note 7
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224
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226
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The statute creating the TRC also r
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Legal Systems The division of Liber
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of regulated labor. According to th
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the young woman that “trading sex
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context, but rather is a violation
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In addition to inflicting torture o
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One statement giver described an at
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A public hearing witness also testi
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The rebel who raped me was named An
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I was befriended by an elderly woma
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through the destruction of familial
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community displacement, as well as
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eceive adequate treatment following
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Notes 1 U.N. Div. for the Advanceme
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University (Sept. 23, 2008) (noting
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(transcript on file with the author
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204 Id. 205 See U.N. Country Team,
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262
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264
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egime, Libyans had also established
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Taylor. Côte d’Ivoire’s combin
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Endemic corruption during the civil
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A final complicating factor in the
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Liberia was the largest producer of
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at 4 (Nov. 2003), http://www.issafr
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certificates of origin from Liberia
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119 Liberia - UNOMIL Background, Au
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282
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284
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national seal with the motto “The
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government, the U.S. Navy sent two
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Kingdom (Sept. 29, 2008) (describin
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Anner, Sept. 4, 2008, http://www.ba
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552 See, e.g., Assoc. Press, Liberi
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614 See Nina Glick Schiller, Long-D
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398
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400
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liBeria’S international legal oBl
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• Protocol on the Statute of the
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include suggestions for making the
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• Given the extent of the Liberia
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While such programs are important f
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• The Government of Liberia shoul
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on the Rights and Welfare of the Ch
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young persons, without discriminati
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education, such as adult literacy c
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person’s choice, the government s
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are accessible to vulnerable popula
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Potential Implementation Strategy:
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the victims concerned where the con
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identified by the Liberia Refugee R
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Personal Integrity & Dignity: The R
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Personal Integrity & Dignity: Prohi
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treatment appropriate to their stat
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Security Sector Potential Implement
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Security Sector: Combating Extra-Le
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investigation will be initiated. In
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• Continuous training in the prov
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• Ensuring that the government do
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o incorporates capacity building of
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ut also retain the benefits to the
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emoved. Civil Claims • The Govern
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Section vi. economic, Social, and c
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or injury. 308 • The Government o
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field of education and, in particul
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Healthcare the personal and cultura
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society to mental health issues and
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situations of armed conflicts or of
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encourage research on the causes, n
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ecognition. 393 • The Government
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men; • The Government of Liberia
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of national institutions for protec
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Recommendations to the Internationa
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financing of reasonable buffer stoc
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Section ix. recommendationS related
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the United States Government take t
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Asylee-Refugee Parity Liberian refu
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• The United States Government sh
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to ensure that Liberians are able t
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concluSion The Liberia TRC Diaspora
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Notes 1 An Act to Establish the Tru
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66 Convention on the Rights of the
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156 Id. Principle 15.2. 157 Convent
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231 by the Minnesota Lawyers Intern
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Principle 24(b). 287 Id. Principle
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nl/~mtrapman/xgasten/nizw/WHODeclar
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Commissions 31-32 (2006); U.N. Prin
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512
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514
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Bachelor of Arts in political scien
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518
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520
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II. Sources of International Law Ar
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Bill of Rights.” 27 In turn, this
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• to the highest attainable stand
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iv. Specific Application of Interna
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iii. The Convention against Torture
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D. Regional Human Rights Instrument
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(i.e., complaints) may also be sent
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due to the national emergency. In s
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Conventions I-IV that apply only in
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treaties include the Convention on
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• International Convention on the
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U.N.T.S. 171 [hereinafter ICCPR]; I
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114 Id. art. 25, 26. 115 Human Righ
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201 The date following the treaty o
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550
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552
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The Organization of African Unity (
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d. Asylum from Persecution The poli
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origin, fortune, birth or other sta
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Notes 1 u.s. Committee for refugees
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48 Id. art. 26. 49 1951 UN Refugee
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564
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566
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Standing Mediation Committee to bri
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May 2001 - U.N. Security Council re
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572
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574
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1. Background to the TRC 2. Designa
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Advisory Committee resources, Minne
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as stated herein, consistent with t
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C. Recommendations, if appropriate,
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584
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586
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588
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590
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that rich information about the dia
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governmental organizations, law fir
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596
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Table 3. Participation of Statement
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602
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604
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Photo Legend Chapter One Page 1: TR
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Page 266: Ghana’s Atlantic coast.
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610
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